Photography Policy Description

TABLE OF CONTENT

1. DESCRIPTION OF SERVICE
2. CHANGES IN TERMS AND CONDITIONS
3. SALES CONDUCT; IMAGING CONTENT RESTRICTIONS; IMAGING LIMITATIONS
4. RAILWAY IMAGING PRODUCTION CONTENT
5. USE OF RAILWAY IMAGING SEARCH TERMS
6. SECURITY; SITE ACCESS; SHARING OF IMAGES; RE-PRINT PERMISSION
7. AGE REQUIREMENT, LIMITATION ON USE
8. PRIVACY
9. LINKS TO THIRD-PARTY SITES
10. THIRD-PARTY SOFTWARE, GOODS AND SERVICES
11. LICENSE GRANT TO ATD LINES
12. INDEMNIFICATION
13. DISCLAIMER OF WARRANT
14. LIMITATION OF LIABILITY
16. DISCONTINUING INACTIVE ACCOUNTS
17. CHOICE OF LAW AND FORUM
18. INTERNATIONAL USE; EXPORTS
19. SEVERABILITY AND INTEGRATION
20. DISCLAIMER

1. DESCRIPTION OF SERVICE

ATDLINES Railway Imaging Services provides a variety of on-line railway industry services, including digital imaging production and sales of printing, voice annotation, slide show presentations and image manipulation. Railway news services, documentaries/photographic journalism, railroad historical preservation reporting, railway research studies, media promotions, advertising and other related business activities specific to railroad/railway freight, passenger and transit, travel and transportation industry, in part and whole (the "Railway Imaging Service"). Any additions to or enhancements of the ATD LINES, Photography Division, and Railway Imaging Service, including the release of new ATDLINES Railway Imaging Productions, shall be subject to these Terms of Service. To use the Service, you must have access to the World Wide Web and pay any service; sales fees associated with such access and provide all equipment necessary to connect to the World Wide Web, including a computer and modem or other access device.

2. CHANGES IN TERMS AND CONDITIONS

ATDLINES Photography Division may modify or terminate our Railway Imaging Production and sales services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

3. SALES CONDUCT; IMAGING CONTENT RESTRICTIONS; IMAGING LIMITATIONS

All parties agree that all materials, communication, verbal or written which is transmitted to ATDLINES is sole and exclusive responsibility of all parties. All Parties agree that parties will not use the Railway Imaging Service to re-sale, post or otherwise transmit any image content that is: unlawful, harmful, threatening, profane, abusive, harassing, tortuous, defamatory, vulgar, obscene, or pornographic, or which may give rise to civil or criminal liability under applicable law; libelous, hateful, or racially, ethnically or otherwise objectionable; harmful to minors in any way; or violate of any copyright or other proprietary rights of another. ATDLINES Railway Imaging Services does not intend to pre-screen content uploaded to subcontract services or stored by subcontract services, and is not responsible for such image content, ATDLINES reserves the right to edit or remove content which violates any of the foregoing provisions.

4. RAILWAY IMAGING PRODUCTION CONTENT

ATDLINES Photography Division, Railway Imaging Services is family and child-friendly, public quality service, and we do not condone adult offensive content in the public areas of the site. While ATDLINES do not monitor every image being presented for public view and sales have subcontracted sites. ATDLINES Photography Division will remove any image found in ATDLINES Image Library, that promotes naked or obscene images in the public sales galleries under ATDLINES Administration and ATDLINES discover offensive images.

5. USE OF RAILWAY IMAGING SEARCH TERMS

ATDLINES Railway Imaging Service has establishes search categories and popular search terms to make it convenient for users to find applicable photos. ATDLINES Photography Division does not intentionally misapply search terms to images. ATDLINES Photography Division applies reasonable descriptions of public images so that the search engine can yield meaningful results for other users.

6. SECURITY; SITE ACCESS; SHARING OF IMAGES; RE-PRINT PERMISSION

Any image or content, which is purchased, is subjected to copyright laws and intellectual property rights. ATDLINES does subcontract imaging storage to imaging service to be stored on a secure server. Purchased images may not be shared, nor re-printed without consent from ATDLINES.

7. AGE REQUIREMENT; LIMITATION ON USE

You must be at least of eighteen (18) years of age to purchase ATDLINES RAILWAY IMAGES. In addition, you must possess a valid credit card and use images for personal use. If you are under the age of eighteen (18), the credit card must belong to your parent or legal guardian. Unless you have registered with Corporation Advertising, Media or News Service Member, you may use the imaging service for commercial, media, news purposes only upon special contract arrangements have been made with ATDLINES.

8. PRIVACY

When any party purchase or subscribe to any ATDLINES Photography Division, Railway Imaging Service sales or promotional programs, or contracts with, it is necessary for all parties to provide ATD LINES with certain personal or corporate information, such as name, title, company name, representatives, email address and mailing address, phone and other contact information. ATDLINES protect and use this information as set forth in our policy and privacy policy. As disclosure to ATDLINES Policy and privacy policy, we may disclose to third parties certain aggregate information contained in your sales data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by any party or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the TOS, DHS or under any of the other circumstances set forth in ATD LINES Policy or privacy policy, as may be amended from time to time.

9. LINKS TO THIRD-PARTY SITES

ATDLINES Photography Division, Railway Imaging Services may provide links to other sites on the Internet, which may be of interest to ATD LINES. ATD LINES does not control the content, which may be on or available through these sites, and assumes no liability relating to such sites. The presence of such a link does not imply endorsement of those sites or association of those sites with ATDLINES.

10. THIRD-PARTY SOFTWARE, GOODS AND SERVICES

Under certain circumstances, ATD LINES and any Department or Division of ATDLINES may make available imaging products and other goods and services that have been developed by ATD LINES or others. As a condition to using those products, the ATDLINES must agree to be bound by the terms and conditions imposed by the producer of the software, goods and services, including license and warranty terms and conditions. Such agreements will be between ATD LINES and the software producer. ATDLINES DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OF ANY SUCH SOFTWARE PRODUCT, GOODS OR SERVICES OBTAINED OR ADVERTISED THROUGH ATD LINES OR ON THE ATD LINES SITE, OR THAT ANY SOFTWARE PRODUCT WILL BE FREE FROM CONTAMINATING OR DESTRUCTIVE CODE, SUCH AS VIRUSES, WORMS OR TROJAN HORSES.

11. LICENSE GRANT TO ATDLINES

ATD LINES does claim ownership of all images produced by ATD LINES RAILWAY IMAGING SERVICES PRODUCTION sound recordings, videos or other media created. Consequently, ATD LINES will not license, resell, or otherwise distribute Imaging Media to third parties. Unless otherwise indicated, by contract Imaging Media to any public album within the Railway Imaging Service, you grant ATDLINES exclusive, royalty license to publish, distribute and display the Imaging Media, without limitation, anywhere within the Service itself and within email communications promoting the Railway Imaging Service. This license shall be in effect during all times that relevant Imaging Media is stored other non-ATD LINES albums.

Furthermore, ATDLINES owns or otherwise control all of the rights to the Railway Imaging Media that is posted; that any party having received all proper permissions and/or releases relative to all imaging media posted; that use of the Imaging Media store in any public album does violate these Terms of Service and will not cause injury to any person or entity; and, will indemnify ATD LINES for all claims resulting from Imaging Media supplied. ATD LINES has the right but not the obligation to monitor and edit or remove any activity or Imaging Media, understanding and agree that ATDLINES takes no responsibility and assumes no liability for any Imaging Media posted by any third party.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless ATD LINES, Photography Division, Railway Imaging Service and its subsidiary and other affiliated companies, railroads, railways, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Railway Imaging Service or any person to whom granted access to the ATDLINES, (ii) your violation of any of these Terms of Service, or (iii) any other activity related to account, purchase agreements (including negligent or wrongful conduct). ATD LINES reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by such action, in which event will cooperate with ATD LINES and its counsel in the conduct of such defense.

13. DISCLAIMER OF WARRANTIES

THE RAILWAY IMAGING SERVICE, AS WELL AS ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, INFORMATION AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH ATDLINES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ATD LINES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND RELATING THERETO, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. ATD LINES, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT ITS SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

14. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL ATD LINES, ITS SUBSIDIARIES AND AFFILIATED COMPANIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, OR LOSS OF USE, DATA OR OTHER INTANGIBLES) THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ATD LINES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ATDLINES LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

15. TERMINATION OF SERVICE

ATDLINES, in its sole discretion, may terminate Railway Imaging Service, and remove and discard any content within the Railway Imaging Service, for any reason, including, without limitation, expiration of the terms, lack of use of the Railway Imaging Service for a specified period, or if ATD LINES believes that a party have violated or acted inconsistently with the letter or spirit of these Terms of Service. Parties agree that any termination of access to the Railway Imaging Service under any provision of these Terms of Service may be effected at the sole discretion of ATD LINES. ATD LINES Railway Imaging Services, Photography Division may deactivate or delete and all related information and files and/or bar any further access to such files or the Railway Imaging Service at its sole discretion without notice. All Parties agree that ATD LINES shall not be liable to any party or any third party for any termination of access to Railway Imaging Service.

16. DISCONTINUING INACTIVE ACCOUNTS

ATDLINES, Account Division reserves the right to cancel or to discontinue accounts which have been inactive sales for more than 90 days.

17. CHOICE OF LAW AND FORUM

These Terms of ATD LINES, Photography Division, Railway Imaging Service shall be governed by and construed in accordance with the laws of the State of New Jersey subcontractors, Washington State direct sales, without regard to its conflicts of law rules. Purchasers, resellers and others expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or personal/commercial use of the Railway Imaging Service shall be filed only in the state or federal courts located in the State of New Jersey subcontractor or Washington State and any party further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Any party agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Railway Imaging Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

18. INTERNATIONAL USE; EXPORTS

ATDLINES makes no representation that the Railway Imaging Service will be available or appropriate for use in locations in or outside of the United States. Those who choose to access the Service from locations in or outside the United States do so at their own risk and are responsible for compliance with local laws and regulations. ATD LINES Imaging Purchases images or other products are responsible for compliance with all United States or other counties export/import laws and regulations when the purchased products exported/imported any materials provided through the Railway Imaging Service.

19. SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between all Railway Business Industries and commerce and ATDLINES with respect to the Railway Imaging Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between all parties and ATD LINES with regard to the Railway Imaging Service. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be deemed to be substituted with a valid, enforceable provision which most closely reflects the original intent of the parties, and the remaining portions shall remain in full force and effect.

ATDLINES make all efforts to operate in a safe standard of safety, as proscribe by Federal Railroad Administration, occupational health and safety standards and state, federal transportation regulatory compliance, while in field or on news reporting, journalistic or photographic assignment. All railroad/railway operating services are advised of ATD LINES Railway Imaging Operations as to locations, purpose and intent wheb possible in writing or on site location supervisor communication, verbal agreements with on site employees or superiors and practice of normal authorizing practice of railroad/ railway jurisdictional policy on railway imaging industry practices, news reporting, special investigations practices and other lawful authorizing procedures of railway imaging industry or railway business involvement's under study for any permission and granting of authorization. Unless notified by railroad/railway in writing or email notices of temporary restrictions to ATD Lines. ATD LINES Railway Imaging Service does waive all liability for injuries to ATDLINES while on location field assignment to operating railroads. ATD LINES Security Division and field operator's practice do diligence in safety of railroad operation as proscribe by Department Homeland Security and Law Enforcement Jurisdiction and railway regulatory compliance.

20, Disclaimer

ATDLINES Digital Images are the intellectual property of Louis Hoffmann Alloin and herein all digital images are copyrighted and the sole property of ATD LINES Photography Division, Railway Imaging Services. ATD LINES does not represent or pose special interest toward any railroad, railway, short lines in freight or passenger services for digital imaging subject matter.

The Digital Images displayed by ATDLINES Global Railway Images Services under contract with Dotphoto.com are stock imaging files and have not been altered or changed in any format. Upon written request to ATD LINES Photography Division may change pixel format.

ATD LINES Digital Images purchased under contract from Dotphoto.com are sold with mutual understanding of copyright laws and agreement per sale item, product, promotion specialties and printed images. Special terms and agreements may be obtained for bulk orders, image alteration from ATD LINES Photography Division for advertising, media, photographic journalism, news or documentaries use, by written request.

ATD LINES is dedicated to improving railway image, by improving and promoted the railway business industry. If any digital image listed in ATDLINES.COM Directories is perceived objectionable or offensive in their inclusion, please notify ATD LINES Photography Division in writing for review determination.